Full question:
I live in a rented apartment in New York city. My apartment is in the 10th storey and most of the timeI find the lift with a “NOT WORKING” notice. I have notified my landlord of the problem and the fact that my health does not allow for me to climb the stairs. But he has never done anything about it. I would like to move legally against the landlord. Do I have any remedy under law?
- Category: Landlord Tenant
- Subcategory: Improvements and Fixtures
- Date:
- State: New York
Answer:
If a tenant could show that the landlord failed to furnish one or more of the specified services under the written lease agreement, which were necessary for the proper use of the building, then a tenant can move against the landlord for willful violation. This is provided under Real Property Law § 235 which deal with willful violation, reads as:- Any lessor, agent, manager, superintendent or janitor of any building, or part thereof, the lease or rental agreement whereof by its terms, expressed or implied, requires the furnishing of hot or cold water, heat, light, power, elevator service, telephone service or any other service or facility to any occupant of said building, who wilfully or intentionally fails to furnish such water, heat, light, power, elevator service, telephone service or other service or facility at any time when the same are necessary to the proper or customary use of such building, or part thereof, or any lessor, agent, manager, superintendent or janitor who wilfully and intentionally interferes with the quiet enjoyment of the leased premises by such occupant, is guilty of a violation.
- Any lessor, agent, manager, superintendent or janitor of any building, or part thereof, who wilfully or intentionally acts to prevent or obstruct the delivery of fuel oil ordered in compliance with either section three hundred two-c of the multiple dwelling law or section three hundred five-c of the multiple residence law or the refiring of an oil burner after such a delivery shall be guilty of a violation.
In this instance, the tenant who resides in the 10th floor could move against the landlord if there is a written lease agreement that specifies services including elevator service. Here, elevator service is necessary for the tenant to properly use and enjoy the leased apartment. Therefore, the tenant is entitled to move against the landlord for willful violation of the lease agreement.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
